Service Law - Litigating Hand

Prashant Kumar Jaiswal and Ors. vs. State of U.P. and Ors. [MANU/UP/4124/2017]: Allahabad High Court

Quintessential elements of a valid selection process for a public employment

41. The quintessential elements of a valid selection process would necessarily encapsulate the following elements :

A.   Wide publicity of the proposed selection

B.   Pre-defined rules of selection which would include the bifurcation of marks between a written test and interview, prescriptions in respect of minimum and maximum age, principles of reservation if applicable, the constitution of the selection committee and a broad framework for the recruitment exercise.

C.   Prescription of essential qualifications- the most significant and important aspect for initiation of a selection process which enables all intending applicants to adjudge whether they are eligible or not.

D.   Pre-determined criteria to identify the zone of selection

42. In essence, the “rules of the game” must be clearly defined and pre-determined so as to eschew any allegation of a lack of fair and transparent procedure having been adopted in the selection process. When the advertisement prescribes or confers the authority upon the selecting body to recognise candidates as eligible to participate on the basis of an “equivalent” qualification, it necessarily presupposes the determination and formulation of criteria which would guide and govern the question of equivalence. It would entail the recognition of certain predetermined qualifications which would be treated or recognised as equivalent. At its lowest, at least the criteria to confer or recognise equivalence would have to be formulated in advance.